HEATTORNEY GENERAL, TEXAS

Mr. Wallace W. Shropshire OpinionNo. c-136 County Attorney Travis County Re: Whether the term "batch Austin, Texas cement" in a specialized motor carrier's certlfiDear Sir: cate includes "cement".

In a letter dated July 29, 1963, you requested an opinion of this office,on the following question:

,"Can a specializedmotor carrierwhose certificate of convenienceand necessity, Issued to such carrierby,the Rallroad Commissionof',Texas, contains the commoditydescription 'batchcement,.' transportunder such certificate the commodity 'cement'?" Inyour brief you referred to an "exhibitD" and argued that the absence of the term "batch cement" In that exhibit Is Indicative of the fact that the intention of the applicant should control. However, in your oplnlon request you nowhere refer to any particular certificate Issuedby the Railroad Commissionnor do you refer to any particular grant of authorityunder an order or certificateof the Railroad Commission. As weeinterpret the question, this department Is merely asked to determinewhether the term "batch cement" as contained In any certificateor authority or order of the Railroad Commissiongrants authority to the holder to transport "cement" for hire. Therefore, the language of this oRlnlon refers to the generalmeaning of the term "batch cement and Is not limited to the Interpretationof any particular certificateor authority or order of the Railroad Commission.

Articles 10 and 11 of Vernon's Clvll Statutes contain general rules relative to the construction of laws. Article 10 contains the followingpertinent language:

"The following rules shall govern In the construction of all civil statutory enactments:

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"1
. The ordinary signification shallbe applied, exceptwords of art or words connected with a particular trade or subjectmatter, when they shallhave the significationattached to themby experts in such art or trade, with reference to such subjectmatter." We first address ourselves to the question as to whether the rules of construction set out by the legislature to govern in the interpretationof statutes should also be used as an aid in determining the meaning of words In orders and certificates issued by the Railroad Commission. Our Supreme Court, In Trapp v. Shell .$!&gggp 145 Tex.'323, 198 S.W.2d,424 (1946), so held. The

"A rule or order of the Railroad Commission made in vl,rtue

of a statute,whlchduly authorized It should be consldere,d under the sameprinciples as if It were the act of the legislature,for In such case the Railroad Commission Is an agency of the legislature.
. . .' Inasmuch as the terms under consideration, "batch cement" and "cement"are words employedby the cement Industrywe will determine whether the words have a "s,ignlflcatlon" attached to them by experts in such trade.

The trade association connectedwith the use of construction concrete is known as the Portland Cement Assoclatlonand representsa majority of the manufacturers of construction cement. Its principle office Is In Chicagobut itmaintains an office In Austin, Texas. Portland Cement is the type of cementused In manufacturing constructionconcrete and Is not the name ~ofany particular company. This office is Informedby this authority that the term 'batchcement"has a particularmeaning In the trade. It appears that in some Instances cement Ismlxed with sand, gravel, or crushed rock at what is termed batchingplants. This mixing is done In accordancewith specificationsdrawn by the engineers covering the particular job. This batched cement is then transported to the job sitewhere it Is mixed with water. This "batched cement' is transported from the batching factory to the job site In "batch trucks'. It, therefore, seems apparent to this office that the term "batch cement"has a significationattached to it by experts In the trade namely that "batch cement"means a mixture of cement, sand, gravel or crushed rock.

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cement' This office also considers the fact that the term "batch

as used In the order of the Commission Instead of the term "cement"slgnificantin Itself. Another rule of construction Is that everyword used In an enactment is considered to have a meaning
. The Railroad Commission, therefore,when they use the words "batch cement"must have considered It somethingdifferent and apart from 'cement".
SUMMARY

The term "batch cement" included In an order of the Railroad Commissionof the State of Texas authorizing the issuance of a speclallzed,motorcarrlerrs certificate refers to an aggregate composed of cement, sand, gravel or crushed rock. Very truly yours,

NVS:aj:br APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Howard M. Fender James Strock APPROVED FOR THR ATTORNEYGENERAL By: Stanton Stone

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